Because of the increasing divorce rates today, it is advantageous for residents of Los Angeles to learn about divorce laws in Los Angeles before getting a divorce. Learning about Los Angeles divorce will help you be aware and understand your options if ever you are contemplating on pursuing divorce.
Every state and jurisdiction have varying divorce laws that is why it is essential for individuals residing in Los Angeles to have sufficient knowledge about specific divorce laws in Los Angeles.
Primarily, divorce is termed as a marital dissolution in California, which is a no fault state. This means that the court will not need to probe which party is at fault prior to making decisions on issues such as the division of community property and support. However, there are residency requirements that need to be met. Either you or your spouse must have resided in California for the last six months and in Los Angeles for the last three months. If you and your spouse have lived in California for a minimum of six months but in different counties for at least 3 months, you can file in either county.
If you meet the residency requirements, you must file the divorce petition and summons with the Court. After filing these papers with the court, your spouse must be served with the dissolution papers. You now become the petitioner and your spouse, the respondent.
A respondent has thirty days to file and serve a response. If the respondent fails to do this, the petitioner may file for a default judgment.
Frequently, the parties will try to settle on issues such as temporary provisions for custody, visitation and child and spousal support. Agreements regarding these issues are included in a written stipulation and order and filed with the court. If the parties cannot reach a mutual agreement on these issues, they may file an Order to Show Cause and request the court to make decisions for them.
If custody and visitation issues are being disputed, the court will initially send both parties to conciliation court where a qualified mediator helps them to agree on a parenting plan. Conciliation services are free in Los Angeles.
If the parties still cannot negotiate a mutual decision, the court will make an order for temporary custody and visitation that takes into consideration the best interests of the children. Until the parties can reach an agreement or until custody and visitation is resolved after a trial, the temporary order will continue.
Marriage dissolution can be finalized without a court trial if both parties amicably agree to property division, child custody, and other related issues. Otherwise, a trial is needed. This is one of the most difficult phases of a divorce and the assistance of an experienced divorce lawyer will help you as you go through the process.
Having a Los Angeles divorce lawyer can guide divorcing couples to make appropriate decisions regarding these legal matters. A Los Angeles lawyer can ensure that you are provided with the best information about divorce in your specific geographical location so that you have a greater chance of attaining positive outcomes. The following link will provide you with great divorce resources you may utilize for your divorce case.